Articles Posted in Probate Law

Colorado’s probate courts have been mired in controversy for years. Two state audits in the last eleven years have found screening and monitoring of guardians and conservators as lacking. There have also been instances of neglect, theft, fraud and a general lack of accountability. Attempts to reform, the system has been moving at a glacial…

New York is one of 12 states that tax estates of decedents people who owned property in the state. Now besides that, there are other things you need to know when estate planning. New York doesn’t charge inheritance tax, but the estate tax comes with one big provision. Though December 31st of this year there…

A Milwaukee County, Michigan judge has denied a biological father a share of the wrongful death proceeds awarded in a suit brought by the mother of a 25 year-old man who died in a mental health facility back in 2012. Alicia Johnson, 48, argued that the biological father, 53 year-old Marcus Crumble, her first cousin,…

At its best, probate can be a real pain in the butt and time consuming. Property can’t be distributed until probate is completed and probate is paid out of the estate, which means less inheritance for heirs. With that in mind here ar three ways to avoid probate. Establish a Living Trust A living trust…

For many people, the most important document isn’t their will, it’s their IRA or 401(k). That’s because many financial products, including retirement accounts and life insurance policies are legal contracts and override anything in your will. So, no matter what your will says, the payouts from these products will go to the beneficiaries you designated…

In our new world of multi-marriages, divorces and step-children, Will contests and objections to probate are becoming more and more common There are ways to deal with these conflicts to resolve differences without going to court. The best advice is for parents to do estate planning, which includes preparing a Last Will and perhaps a…

The late actor, James Gandolfini died and left an estate worth an estimated $70 million. Now thanks to bad estate planning, the IRS may take up to 50% of that estate. The larger-than-life actor gave $1.6 million dollars to various friends and relatives. He split the rest up among the following people: his two sisters-30%,…

Estate planning is necessary, but many people find the prospect intimidating. Quoted by laduenews.com, Meredith Murphy, an attorney with Smith Amundsen’s Estate and Business Planning Practice Group in Missouri said, “Estate planning allows an individual to manage and direct where assets are to be distributed upon their death, but [it] also lets an individual plan…

Last year Congress passed the Tax Cuts and Jobs Act of 2017 which pretty much killed the aptly named death tax. It didn’t actually kill it just exempted those who leave less than $11 million to their heirs. Since the idea of no leaving a federal tax burden to their heirs, many people are questioning…

Last year we wrote about the scandal in Michigan’s probate system; about how some attorneys and real estate brokers were working together to cheat heirs out their inheritances, legally. Now another scandal has emerged with the news that Oakland County Probate Judges in Michigan have hired an attorney who is under criminal investigation. We posted…